Booker v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before. Hon. M. M. Baldwin, Special Judge. Albert Booker was convicted of receiving stolen goods, and. he appeals. —The verdict of the jury finding the defendant guilty’ under the circumstances operated as an acquittal fi's to the 1st count.’ — Berry v. The State/65 Ala.'T20; Foster v.'The State, 88 Ala. 185. ’ The’offense is not complete if accused fails to acquire dominion over the property so as to give him actual possession dr…
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Appeal from Jefferson Criminal Court. Heard before. Hon. M. M. Baldwin, Special Judge. Albert Booker was convicted of receiving stolen goods, and. he appeals. —The verdict of the jury finding the defendant guilty’ under the circumstances operated as an acquittal fi's to the 1st count.’ — Berry v. The State/65 Ala.'T20; Foster v.'The State, 88 Ala. 185. ’ The’offense is not complete if accused fails to acquire dominion over the property so as to give him actual possession dr control. — Spivey v. The State, 26 Ala. 90; Eclmuncls v,_The State, 70 Ala. 8; Groom v. The State, 71 Ala. 14; Frazer v.…
1Opinion of the CourtTyson, C. J.
The indictment upon which the conviction was had contained two counts. The first charged the offense of larceny, and the second the offense of buying, receiving, concealing, or aiding in concealing stolen property, etc.-, in violation of section 5054 of the Criminal. Code. of 1896. On the first trial there was a verdict of guilty by the jury on the second count, which was set aside on motion of defendant before judgment was pronounced upon it by the court. The legal effect of the verdict was to operate as an acquittal of the de*99fendant of the larceny.- — Bell and Murray v. State, 48 Ala. 684,…
2Cases cited2 opinions
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Clifton v. StateSupreme Court of Alabama · 1883
3Cited by32 opinions
- Gallman v. StateAlabama Court of Appeals · 1940
- Milam v. StateSupreme Court of Alabama · 1940
- Isbell v. StateCourt of Criminal Appeals of Alabama · 1976
- McConnell v. StateCourt of Criminal Appeals of Alabama · 1972
- Fulton v. StateAlabama Court of Appeals · 1913
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